Outline of the eviction process in District of Columbia

Every residential eviction in the District of Columbia needs a statutory reason. Under the Rental Housing Act, D.C. Code § 42-3505.01, a tenant who keeps paying rent cannot be evicted just because the lease expired. You must fit a ground in that section, serve its notice, and win a possessory action under §§ 16-1501 to 16-1505 in the Landlord and Tenant Branch of the Superior Court. Only the U.S. Marshals Service carries out the eviction.

The RENTAL Amendment Act of 2025 (D.C. Law 26-80, effective December 31, 2025) is the biggest recent change: it cut the nonpayment notice to 10 days, cut summons lead time to 14 days, added protective orders and a violent-crime fast track, and made most dismissals discretionary. See the recent-changes section below for the full list, including the $600 minimum and record sealing added in 2022.

1. Grounds

Nonpayment of a late fee can never be the basis (§§ 42-3505.01(a)(1), 42-3505.31(c)(4)). The grounds:

• Nonpayment of rent (subsecs. (a), (a-1)); an uncorrected violation of an obligation of the tenancy (subsec. (b)); or a court-determined illegal act in the unit or building, where a tenant answers for another occupant’s act only if the tenant knew or should have known (subsec. (c)).
• Personal use and occupancy by a natural-person owner in good faith (subsec. (d)), or a contract to sell to a buyer for personal use after the tenant’s TOPA opportunity to purchase (subsec. (e)). Re-renting within 12 months triggers damages (subsec. (e-1)).
• Renovations that cannot be done occupied, after Rent Administrator approval (subsec. (f)); demolition (g); substantial rehabilitation (h); discontinuing housing use (i); condominium or cooperative conversion (j, under § 42-3402.06(c)).

Statutory defenses. A victim of an intrafamily offense has a defense to a subsection (b) or (c) case based on that offense (subsec. (c-1)). Retaliation is presumed, rebuttable only by clear and convincing evidence, if within the prior 6 months the tenant requested repairs, reported violations, lawfully withheld rent, organized or sued you (§ 42-3505.02).

2. Notices

• Nonpayment: notice of intent to file, at least 10 days before filing (subsec. (a-1)(1); 30 days before December 31, 2025). You may not issue the notice, or file, if the unpaid rent is less than $600 (subsec. (a-1)(1); § 16-1501(b)).
• Required wording. The notice must contain the statutory text “or substantively similar language”: the total rent owed, that a ledger for the delinquency period is attached, that the tenant may stay by paying in full, the $600 rule, that only a court can order eviction, and the phone numbers of the Office of the Tenant Advocate and the Landlord Tenant Legal Assistance Network (subsec. (a-1)(2)). Copy it from the statute. The statutory text still says you may file if the balance is not paid “within 30 days of this notice”; the 2025 act changed only paragraph (1), so the 10-day and 30-day figures both remain in the code. Confirm before filing sooner than your own notice states.
• How the nonpayment notice is delivered (new in 2025). Two steps, both required: (A) certified mail or a delivery service with tracking confirmation, return receipt requested, and (B) hand delivery to the unit or posting on the unit’s front door (subsec. (a-1)(3)).
• Lease violation: 30-day notice to correct (subsec. (b)). You may evict only if the violation is not corrected within 30 days after the tenant receives the notice.
• Illegal act: 30-day notice to vacate (subsec. (c)(1)). Filed after December 31, 2025, for a “dangerous crime” or “crime of violence” (§ 23-1331(3), (4)) that was not self-defense: a 10-day notice, after considering in good faith ways to keep non-offending occupants housed (subsec. (c)(2)(A)).
• Owner-driven grounds: 90 days for personal use or sale for personal use; 120 days for substantial rehabilitation; 180 days for demolition or discontinuance of housing use (subsecs. (d), (e), (g), (h), (i)).
• Copy to the Rent Administrator. Every non-nonpayment notice must be served on both the tenant and the Rent Administrator (subsec. (a)(1)).
• Serving notices to quit (§ 42-3206). In English and Spanish, and in the tenant’s primary language if you know it is another one covered by § 2-1933 (subsec. (a)(3)). Personally on the tenant if the tenant can be found; if not, on a person of proper age on the premises; and only in the absence of both, by posting in a conspicuous place, followed by first class mail to the premises within 3 calendar days of posting. A posted notice needs a photograph with a readable timestamp for the court (subsec. (a)(2)).
• Federally backed or subsidized properties may also need the federal CARES Act 30-day notice; confirm.

No separate day-counting rule is stated, so let the full period run. Filing early is a listed ground for dismissal (subsec. (a)(4)(B)).

3. Filing in the Landlord and Tenant Branch

The complaint must be under oath, verified by you or by an agent or attorney who knows the facts (§ 16-1501(a)). Use Form 1A (nonpayment), 1B (other grounds) or 1C (both), with the Form 1S summons (L&T Rule 3). If you know the tenant’s telephone number and email address, include them in the complaint and summons (L&T Rule 3(a)(3)). The court lists a $15 filing fee.

• License and registration. You cannot file without a valid rental registration or claim of exemption (§ 42-3502.05) and a current rental housing license (§ 47-2828(c)(1)), certified at filing and documented at the initial hearing; the court may waive the license for extenuating circumstances (§ 16-1501(c)). Show the license again at the writ stage (§ 42-3505.01(q)).
• Entity landlords need a lawyer. Under L&T Rule 9(a)-(b), a corporation, partnership or limited liability company may not appear in the Branch except through a member of the D.C. Bar. A natural person may prosecute a case without counsel.
• Dismissal is now discretionary. If your documents fall short at the initial hearing, or the notice was defective, early or lacked photo proof, the court “may, in its discretion when weighing the prejudice to all parties” dismiss (§ 16-1501(d); § 42-3505.01(a)(4)). Before the 2025 act it had to.

4. Service and the initial hearing

• The summons must be served at least 14 days before the initial hearing (§ 16-1502(a); formerly 30 days). Proof of service on L&T Form 3 must also be filed at least 14 days before the hearing (L&T Rule 4).
• Any competent non-party at least 18 years old may serve (L&T Rule 4): delivery to the tenant, or leaving a copy with a person above age 16 residing on or in possession of the premises. Posting is allowed only if the defendant has left the District or cannot be found, and then you must mail a copy first class within 3 calendar days and file a photograph of the posted summons with a readable date and time stamp (§ 16-1502).
• The court states that initial hearings are remote with the option to appear in person. If you do not appear, the case is dismissed without prejudice (L&T Rule 11). Tenants need not file an answer unless they want a jury, a counterclaim or a plea of title.
• If the tenant does not appear and service is valid, the clerk enters a default. A default judgment requires a Servicemembers Civil Relief Act filing (Civil Action Form 114) (L&T Rules 11, 14).

Protective orders. In a nonpayment case, either party may move for an order that the tenant pay the monthly rent into the court registry. Under § 16-1502a the court issues a preliminary order for the ledger or lease amount, then hears defenses that could reduce it; missed payments can lead to sanctions, including judgment for possession after proof of liability (L&T Rule 12-I).

Rental assistance. The court may stay a nonpayment case once if the tenant documents a pending Emergency Rental Assistance Program (ERAP) application (§ 42-3505.01(r)(1); a 2025 amendment made the stay discretionary, not mandatory). If the tenant shows you, at least 48 hours before a scheduled eviction, an approved ERAP application that will pay the full redemption amount, you must cancel it (subsec. (r)(3)).

5. Judgment, redemption and appeal

If you prove your right to possession you get judgment with costs (§ 16-1503). In the violent crime fast track the hearing is within 20 days of filing (subsec. (c)(2)).

Right to redeem. Under L&T Rule 14-II a nonpayment judgment is “stayed permanently” once the tenant pays the full redemption amount (rent and costs, not late fees) before eviction. Unless the judge set the amount on the record, file a Notice to Tenant of Payment Required to Avoid Eviction (L&T Form 6) within 7 days after default or judgment; no writ issues without one or the other (L&T Rule 16(a)(1)). The right ends at the time of eviction (§ 42-3505.01a(c)(2)).

Appeal. A notice of appeal in a civil case is due within 30 days after entry of the judgment (D.C. App. R. 4(a)). A tenant who wants the writ held must ask the court for a stay.

6. The writ, the Marshals and tenant property

• Issuing the writ. File a prepared writ of restitution with the clerk, with proof of your current rental license. The writ must issue within 90 days after judgment, default or the lifting of a stay, or you need leave of court, and it is valid for 75 days (L&T Rule 16). The court lists a $213 writ fee.
• Scheduling. The clerk sends the writ to the Marshals, who phone you to set a date; after 3 failed attempts the writ is cancelled. No evictions on weekends, holidays or judicial training days.
• Your own 21-day notice (§ 42-3505.01a(b)). At least 21 days before the eviction date, notify the tenant by all three of: phone or electronic message (email or text), first class mail, and conspicuous posting at the unit, stating the date, the 7-day abandonment warning, access rights and the statutory phone numbers. The Marshals’ own mailing does not count; a tenant who did not get yours can have the eviction stayed (subsec. (g)).
• Weather (§ 42-3505.01(k)). No eviction on a day when the National Weather Service predicts at 8:00 a.m. that the temperature at National Airport will fall below 32 degrees or, since April 16, 2026, rise above 95 degrees Fahrenheit, or while precipitation is falling at the unit. Subsection (k-1) lists exceptions, including illegal-act cases and abandonment.
• Eviction day. Have a working key or a locksmith who can gain entry within 10 minutes (Marshals’ instructions). You change the locks in the Marshals’ presence at your expense (§ 42-3505.01a(c)).
• Tenant property (Marshals’ process since March 13, 2019; § 42-3505.01a, added by D.C. Law 22-245). The tenant’s property stays in the unit for 7 days, excluding Sundays and federal holidays, and you must use reasonable care. That day, post and mail to any emergency contact a notice with your agent’s phone number and the statutory text. Give access for at least 16 total hours over not more than 2 days (8:00 a.m. to 6:00 p.m., Saturday if asked), no rent or storage fee. What remains is abandoned; remove it, but not outdoors except in a lawful disposal receptacle (subsec. (d)).

No self-help. The Office of the Tenant Advocate states landlords must obtain a writ and cannot take back a unit on their own. Sealing (§ 42-3505.09): the court seals an eviction file 30 days after final resolution without a judgment for possession, 3 years after if you got one.

Recent law changes landlords should know

• D.C. Law 24-115 (effective May 18, 2022): $600 minimum; license precondition; notice wording; photo proof of posting; record sealing.
• D.C. Law 26-20 (effective July 18, 2025): the stay for a pending ERAP application became discretionary.
• D.C. Law 26-80, the RENTAL Amendment Act of 2025 (effective December 31, 2025): 10-day nonpayment notice with two-step delivery; 14-day summons service; § 16-1502a protective orders; the violent crime fast track; discretionary dismissal.
• D.C. Law 26-108 (effective April 16, 2026): no evictions on days forecast above 95 degrees.

What actually goes wrong

• Filing for less than $600 or for late fees, or skipping the Rent Administrator copy of a non-rent notice.
• A nonpayment notice without the ledger or the statutory wording, or delivered by only one of the two required methods.
• Posting a notice or summons without the 3-day follow-up mailing or a time-stamped photograph.
• An expired rental license, or a corporate owner appearing without a lawyer.
• Missing the Form 6 redemption notice, refusing a full redemption payment, skipping your own 21-day notice, or clearing the unit before the 7 days end.

When to bring in an attorney

Corporations and partnerships must have counsel in the Branch. Individual owners should use counsel for personal-use, sale and renovation grounds, subsidized tenancies, violent-crime cases, and when a tenant raises housing-code conditions, retaliation or a jury demand. The attorneys listed below represent landlords in eviction matters.

Sources

• D.C. Code §§ 42-3505.01, 42-3505.01a, 42-3505.02, 42-3505.09, 42-3505.31, 42-3206, 16-1501, 16-1502, 16-1502a, 16-1503 (D.C. Council official code publication, code.dccouncil.gov).
• D.C. Laws 24-115, 26-20, 26-80 (RENTAL Amendment Act of 2025) and 26-108 (Extreme Heat Eviction Protection Amendment Act of 2026).
• Superior Court Landlord and Tenant Rules 3, 4, 9, 11, 12-I, 14, 14-II, 16; D.C. App. R. 4(a).
• D.C. Courts L&T and Civil Filing Fees pages; U.S. Marshals Service D.C. Superior Court Evictions Process page; Office of the Tenant Advocate, Evictions in D.C.

This guide is general information about District of Columbia procedure and is not legal advice. Confirm the current text before relying on any deadline.